Maintenance is awarded to a spouse to mitigate any unfair economic effects resulting from a divorce, particularly in cases where one spouse is financially dependent on the other. It is designed to provide temporary or ongoing financial assistance to the receiving spouse so that they can support themselves or transition to self-sufficiency.

Maintenance is distinct from child support, which is money paid by one parent to the other specifically to support the upbringing and care of the couple’s children.

In determining whether to award maintenance and in calculating the amount and duration, Illinois courts consider several factors outlined in Section 504(a). These factors help ensure that the maintenance award is fair and reasonable based on the circumstances of both parties. The following factors are evaluated:

1. Income and Property of Each Party

2. The court looks at the financial situation of both spouses, including their income, property, and the division of marital assets. Both marital and non-marital property are considered, as well as each party’s ability to support themselves post-divorce.

3. Needs of Each Party

4. The financial needs of both spouses are assessed, including housing, health insurance, living expenses, and education costs. This ensures that the maintenance award is sufficient to meet the basic living requirements of the receiving spouse.

5. Present and Future Earning Capacity

6. The court evaluates each spouse's ability to earn income, both at present and in the future. If one spouse has significantly more earning potential, it may result in a maintenance award to the lower-earning spouse.

7. Any Impairment of the Earning Capacity of the Party Seeking Maintenance

8. If the spouse seeking maintenance has reduced earning capacity due to career sacrifices made during the marriage (such as giving up job opportunities or education to raise children or support the household), this factor will weigh in favor of a maintenance award.

9. The Time Necessary to Acquire Education or Training

10. The court may grant temporary maintenance to allow the receiving spouse to obtain education or vocational training, enabling them to secure employment and become financially independent.

11. The Standard of Living Established During the Marriage

12. The court strives to maintain a standard of living for the receiving spouse that is as close as possible to the one they enjoyed during the marriage. However, this is balanced against the financial reality of supporting two households post-divorce.

13. Duration of the Marriage

14. The length of the marriage is an important consideration. Longer marriages generally result in higher or longer maintenance awards, especially when one spouse has been financially dependent on the other for many years.

15. The Age and Physical and Emotional Condition of Each Party

16. The court takes into account the age, health, and emotional condition of both spouses. If a spouse is unable to work due to health issues, this may justify a larger or more permanent maintenance award.

17. Contributions to the Marriage

18. The court recognizes both financial and non-financial contributions to the marriage, such as one spouse serving as the primary homemaker or caregiver for the children, which may have limited their ability to pursue a career or earn income.

19. Any Valid Agreements Between the Parties

20. If the spouses have a prenuptial or postnuptial agreement that outlines terms for maintenance, the court will generally enforce these agreements unless they are found to be unconscionable or invalid under Illinois law.

21. Tax Consequences

22. The tax implications of any maintenance payments are considered, particularly as they affect the net income of each spouse. Following recent tax reforms, maintenance is no longer deductible for the paying spouse nor taxable income for the receiving spouse for agreements entered into after 2018.

23. Any Other Factor the Court Deems Just and Equitable

24. The court has the discretion to consider any other relevant factors not specifically listed in the statute. This catch-all provision allows the court to ensure a fair result based on the unique circumstances of each case.

Section 504 of the IMDMA allows the court to award several different types of maintenance depending on the circumstances of the case:

Temporary Maintenance

• Temporary maintenance is awarded during the divorce proceedings and is designed to support a financially dependent spouse until the final divorce judgment is made. This type of maintenance helps cover immediate financial needs while the divorce is pending.

Rehabilitative Maintenance

• Rehabilitative maintenance is granted for a limited time, typically to allow the receiving spouse to gain education or training necessary to become financially self-sufficient. It is designed to provide support while the spouse transitions to supporting themselves.

Permanent Maintenance

• Permanent maintenance may be awarded in cases where the receiving spouse is unlikely to become self-sufficient due to age, health, or other factors. In these cases, the maintenance award may continue indefinitely or until certain conditions, such as remarriage or the death of either spouse, occur.

Reviewable Maintenance

• Reviewable maintenance is awarded for a set period, after which the court will review the circumstances of the parties to determine whether the maintenance should continue, be modified, or terminated. This type of maintenance allows for future changes based on the financial and personal circumstances of each spouse.

In cases where the combined gross annual income of both spouses is less than $500,000, and the paying spouse is not supporting another spouse or family, the court may follow statutory guidelines to calculate the amount and duration of maintenance. These guidelines help create consistency in maintenance awards across similar cases.

Amount of Maintenance

• Under the statutory guidelines, the amount of maintenance is calculated by taking 33.33% of the paying spouse's net annual income and subtracting 25% of the receiving spouse’s net annual income. However, the resulting maintenance award cannot exceed 40% of the combined net annual income of both parties.

Duration of Maintenance

• The duration of the maintenance award is determined by applying a percentage to the length of the marriage. For example:

• Marriages lasting less than 5 years: maintenance is awarded for 20% of the marriage duration.

• Marriages lasting 5 to 10 years: maintenance is awarded for 40% of the marriage duration.

• Marriages lasting 10 to 15 years: maintenance is awarded for 60% of the marriage duration.

• Marriages lasting 15 to 20 years: maintenance is awarded for 80% of the marriage duration.

• For marriages lasting 20 years or more, the court may either award permanent maintenance or maintenance for a period equal to the length of the marriage.

Maintenance can be modified or terminated under certain conditions. Common reasons for modifying or terminating maintenance include:

1. Substantial Change in Circumstances

2. Either party can petition the court to modify the maintenance award if there has been a significant change in circumstances, such as a change in income, job loss, or the financial needs of either spouse.

3. Remarriage or Cohabitation

4. Maintenance automatically terminates if the receiving spouse remarries or enters into a cohabitation relationship with another person on a continuing, conjugal basis.

5. Death of Either Spouse

6. Maintenance obligations cease upon the death of either spouse.